Police in Santa Ana are looking for a suspect in a violent attack on a McDonald’s manager after the suspect requested ketchup.
According to police, the suspect entered the back employee entrance of the restaurant and requested the ketchup. When the manager told the suspect that she was not allowed in that employee area, the suspect started kicking, punching and choking the manager. The surveillance footage of the incident shows the suspect banging the manager’s head against a soda machine with her hands around the manager’s neck.
Eventually a man appears from the back entrance and walks the suspect out of the McDonald’s.
The suspect is likely going to be facing assault and battery charges, as well as potential criminal threats and commercial burglary charges. In additional to facing charges for violent felonies, this case has gotten a decent share of publicity locally and prosecutors know that news outlets, and the public, will be watching. What does that mean? Well, it means that they are likely going to want to make sure the suspect faces a stiff sentence and any effort to negotiate or get a lenient sentence will be met by fierce opposition.
Typically, assault and battery charges and even commercial burglary charges can be dealt with by either a civil compromise, a diversionary sentence, probation, or some reduction of charges. Depending on the nature of the assault/battery, the monetary amount of items taken or the type of conduct that occurred, a skilled Los Angeles criminal defense attorney can help navigate a sentence that does not result in a conviction, a dismissal, suspension of criminal proceedings or other advantageous results.
If you or someone you know has been arrested in Los Angeles for assault, battery, making criminal threats or committing a commercial burglary, contact attorney Ross Erlich today for a free consultation. Remember, don’t walk into court without someone speaking for you.
17 Jul 2018
MTV’s Teen Mom star Farrah Abraham is facing possible jail time if convicted of the battery and resisting an officer charges filed against her. She is scheduled to be arraigned in the Airport Courthouse on August 13 on those two misdemeanor charges.
The charges stem from an incident in which she allegedly hit a security guard at the Beverly Hills Hotel and then resisted arrest when she was asked to leave the hotel. Officers arrived to the hotel based on a call that Abraham was arguing with hotel guests and had been asked to leave the location by hotel security. The security officer alleged that Abraham struck him in the face with her forearm, grabbed his ear and pushed him in the face as he attempted to prevent her from re-entering the hotel. Beverly Hill Police officers noted that Abraham exhibited signs of intoxication.
If convicted on both counts, Abraham faces up to 18 months in jail.
Attorney Ross Erlich has handled numerous battery and resisting arrest cases. A lot of them are a result of people who are under the influence, out partying, at a club or bar, and simply take things a little too far or don’t follow instructions from law enforcement.
A battery charge is something that takes into account any and all unwanted touching that is done in an offensive way. Thus, someone doesn’t have to beat someone up, break a bone, cause bleeding, etc, to be convicted of a battery. All that is required is some physical contact in an offensive manner. In most cases, the maximum penalty for a batter is up to 6 months in jail and up to a $2,000 fine. If you commit a batter against a peace/police officer, it can be charged as a wobbler (a felony or a misdemeanor).
In order to be charged with resisting arrest, you must resist, delay or otherwise obstruct a law enforcement officer, or emergency personnel, while they are performing, or trying to perform, their official duties. This, as one might imagine, is typically charged when people resist officers putting handcuffs on them, push officers away, and giving a false name to police officers.
While attorney Ross Erlich’s job is to fight to protect your rights and liberty, the best advice to give someone when confronted with security and/or police officers is to be as courteous as possible and follow directions. There is no need to provide any statements or to incriminate yourself, but if asked to leave somewhere or to stop doing a certain activity, cooperation tends to lead to no charges getting filed, or, at least no resisting arrest charges.
If you or someone you know has been charged with battery or resisting arrest in the Airport courthouse, Van Nuys courthouse or the Downtown CCB courthouse, contact attorney Ross Erlich as soon as possible. There might be ways to civilly compromise your case and get charges permanently suspended.
A Los Angeles man is in custody on suspicion of being one of four men involved in the beating of a transgender woman last month in Hollywood. LAPD officers served a search warrant on the man’s residence Thursday night, three days after the City of Los Angeles offered a $25,000 reward for information leading to the arrest of a suspect.
The victim was employed in an upscale Hollywood restaurant as a barista and was walking down a street in Hollywood after leaving work at 2:15 a.m. Local surveillance cameras caught footage of a group of men following the victim as she walked down the street and then started attacking and beating her. Her injuries were reported to be severe and she had to remain in the hospital for seven days.
The alleged suspect is currently being held in custody on $1.05 million bail and facing not only felony assault and battery with severe injuries, but the possibility of this being charged as a hate crime in addition.
If you have been charged with battery, assault, assault with a deadly weapon or assault with means likely to produce great bodily injury, you need, in two words, a lawyer. You need to remain silent and have your attorney speak on your behalf to law enforcement investigators and prosecutors. Serious violent crimes are charges that prosecutors don’t take lightly and are convictions that can have major implications on your life and criminal record.
If you are charged with felony assault or battery, you are looking at prison time, fines, restitution and possibly a serious and violent crime on your record for a long time. If you have been charged with assault and battery in Hollywood, Beverly Hills, Santa Monica, Los Angeles or Pasadena, contact attorney Ross Erlich as soon as possible. These charges require a skilled and aggressive defense attorney to advocate for your rights and to tell your side of the story.
Rob Kardashian has settled a civil suit brought against him by a paparazzo he, allegedly, assaulted in March after the camerawoman took pictures of Kardashian while he was shirtless at the gym. Rob allegedly hit the paparazzo in the face and took the memory card from her camera when he was caught changing after a workout.
On Thursday of this week, misdemeanor assault charges were dropped after Rob agreed to pay the camerawoman the value of her equipment and after she agreed not to pursue the case.
What most likely happened in this case was some form of informal deferred sentence, plea or civil compromise was entered into between the victim and Mr. Kardashian. For more information on a civil compromise, click here to read previous blogs about this valuable resource. In short, a civil compromise allows you, the defendant, to compensate the victim for their time, inconvenience and out of pocket expenses in exchange for them agreeing to not object to having the criminal charges against you dismissed and permanently suspended. A civil compromise is a valuable tool for cases involving theft, assault and hit-and-run.
If you have been arrested or given a citation for assault, battery, hit-and-run or theft/shoplifting, contact attorney Ross Erlich as soon as possible. As you can see from the outcome of Mr. Kardashian’s case, getting attorney representation early in the process may provide a better chance for a civil compromise and dismissal of your misdemeanor criminal charges. Ross Erlich handles all theft, assault, battery, hit-and-run and petty theft cases in the Metropolitan Court, Criminal Courts Building (CCB), Airport Court, Pasadena Court and all over Southern California.
The California State Senate approved a bill this week that would make it easier for people convicted of DUIs and other low-level misdemeanors to reduce jail time, and in some cases, avoid jail altogether. This is a further example of California’s need to deal with over crowded jails and a shrinking budget to house those inmates.
AB 2127 would allow Sheriff Departments to give people convicted of these offenses credit towards their jail time (and possibly work release time) through participation in educational programs, job training, parenting and substance-abuse classes.
This is, of course, good news for anyone who has been arrested and charged with driving under the influence (DUI) or other low-level misdemeanors such as assault, battery, petty theft, hit and run and numerous other violations. While the exact details, and certainty of passage, is not yet final, this bill would provide criminal defense attorney’s with a greater arsenal of tools to keep client’s out of jail and with their families.
The bill was passed by a vote of 21-14, but goes back to the State Assembly for approval of other amendments added onto the bill.
If you or someone you know has been arrested for DUI, petty theft, assault and battery, hit and run or any other misdemeanor in Los Angeles, Beverly Hills or in the Airport Court, contact attorney Ross Erlich as soon as possible. Getting in touch with the prosecutor before any charges are filed can help obtain the most favorable result for you.